Commonwealth v. Barros

The defendant was acquitted of armed robbery but was convicted on three indictments for assault and battery by means of a dangerous weapon. The indictments arose out of an incident which occurred at appproximately 2:45-3:00 a.m. on the morning of September 22, 1984. The principal defense was mistaken identity. The defendant offered three alibi witnesses; of the three, only Herman Cole, a Boston police officer and family friend, testified to having been with the defendant at the time the incident occurred.

1. a) Cole did not come forward until the defendant subpoenaed him on the second day of…